Written Answers Monday 18 April 2005

Scottish Executive

Antisocial Behaviour

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how much additional money has been granted to each local authority to provide support for people affected by antisocial behaviour.

Hugh Henry: The following table provides information on how much funding the Scottish Executive has made available to each local authority over 2004-08 to tackle antisocial behaviour. The funding made available in 2004-05 and 2005-06 was allocated for community wardens and for services to support people affected by antisocial behaviour, for example helplines, neighbour mediation, victim support and specialised antisocial behaviour teams. From 2006, Executive funding will support the priorities identified by local authorities and their Community Planning Partners, in consultation with local people, as part of their antisocial behaviour strategies.

  


Local Authority
2004-05
(£)
2005-06
(£)
2006-07
(£)
2007-08
(£)
Total
(£)


Glasgow City
2,487,000
2,760,950
3,238,000
3,401,000
11,886,950


Edinburgh, City of
1,685,000
1,869,950
2,210,000
2,374,000
8,138,950


North Lanarkshire
1,685,000
1,869,950
2,210,000
2,374,000
8,138,950


Dundee City
1,685,000
1,869,950
2,210,000
2,374,000
8,138,950


Renfrewshire
1,364,000
1,513,550
1,765,000
1,900,000
6,542,550


Aberdeen City
1,364,000
1,513,550
1,765,000
1,900,000
6,542,550


West Dunbartonshire
1,364,000
1,513,550
1,765,000
1,900,000
6,542,550


Inverclyde
1,364,000
1,513,550
1,765,000
1,900,000
6,542,550


Fife
843,000
935,550
1,150,000
1,300,000
4,228,550


South Lanarkshire
843,000
935,550
1,150,000
1,300,000
4,228,550


North Ayrshire
843,000
935,550
1,150,000
1,300,000
4,228,550


East Ayrshire
843,000
935,550
1,068,000
1,130,000
3,976,550


West Lothian
642,000
712,800
835,500
880,000
3,070,300


Falkirk
642,000
712,800
835,500
880,000
3,070,300


Dumfries and Galloway
642,000
712,800
835,500
880,000
3,070,300


South Ayrshire
642,000
712,800
835,500
880,000
3,070,300


Highland
369,000
409,400
480,000
519,000
1,777,400


Perth and Kinross
369,000
409,400
480,000
519,000
1,777,400


Clackmannanshire
369,000
409,400
480,000
519,000
1,777,400


Stirling
369,000
409,400
480,000
519,000
1,777,400


Angus
369,000
409,400
480,000
519,000
1,777,400


Midlothian
369,000
409,400
480,000
519,000
1,777,400


East Renfrewshire 
369,000
409,400
480,000
519,000
1,777,400


East Dunbartonshire
369,000
409,400
480,000
519,000
1,777,400


Aberdeenshire
248,000
275,750
320,000
335,000
1,178,750


Scottish Borders
248,000
275,750
320,000
335,000
1,178,750


East Lothian
248,000
275,750
320,000
335,000
1,178,750


Moray
248,000
275,750
320,000
335,000
1,178,750


Argyll and Bute
184,000
204,700
247,000
260,000
895,700


Eilean Siar
184,000
204,700
225,000
245,000
858,700


Shetland Islands
184,000
204,700
225,000
245,000
858,700


Orkney Islands
184,000
204,700
225,000
245,000
858,700


Total
23,618,000
26,215,400
30,830,000
33,160,000
113,823,400

Cancer

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what the conclusion was of the scoping exercise on morbidity and the implications of living with cancer for patients and services, announced by the Minister for Health and Community Care on 4 September 2003.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what actions have been taken to implement the conclusions of the scoping exercise on morbidity and the implications for patients of living with cancer.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether the scoping exercise on morbidity and the implications for patients of living with cancer estimated how many (a) cancer patients receive care at home and (b) carers supporting cancer patients remaining at home require support themselves.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether the scoping exercise on morbidity and the implications for patients of living with cancer made any estimates of the additional costs faced by cancer patients as a result of their treatment and care.

Mr Andy Kerr: A review of levels of morbidity associated with cancer treatment is underway by the Cancer Care Research Centre, University of Stirling in collaboration with the Information Services Division, National Services Scotland. This will not estimate how many cancer patients receive care at home, the number of carers supporting cancer patients remaining at home requiring support themselves, nor the financial costs faced by cancer patients as a result of their treatment and care.

  It is anticipated that the review will be completed by early 2006.

Careers Scotland

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what its position is on the industrial action being taken by Careers Scotland with effect from 14 March 2005.

Mr Jim Wallace: The staff at Careers Scotland involved in the industrial action on pay are employed by Scottish Enterprise. My answers to the member’s earlier questions about Careers Scotland pay matters (S2W-11800 and S2W-11801 answered on 10 November 2004) made clear that, as an executive non-departmental public body, Scottish Enterprise has delegated responsibility for conducting its own pay negotiations with the unions.

  It is therefore the case that any industrial action that may result from any breakdown in pay negotiations is similarly for Scottish Enterprise, as the employer, to deal with. I am aware however, that Scottish Enterprise is working towards resuming negotiations.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Careers Scotland

Janis Hughes (Glasgow Rutherglen) (Lab): To ask the Scottish Executive what meetings it has had with staff, unions and Scottish Enterprise regarding the introduction of performance-related pay for Careers Scotland staff and what the outcomes of these meetings have been.

Mr Jim Wallace: Scottish Executive staff met Scottish Enterprise management as part of the normal process of discussion which takes place when a non-departmental public body is preparing a pay remit for approval by Scottish ministers prior to pay negotiations. Subsequent to agreement of the remit, Scottish Enterprise have kept the Executive informed of continuing negotiations and of decisions they have taken. The Executive has not had meetings with staff or the unions.

  I have taken every opportunity to encourage both Scottish Enterprise management and the unions to negotiate as a means of resolving concerns about performance related pay.

Careers Scotland

Janis Hughes (Glasgow Rutherglen) (Lab): To ask the Scottish Executive what role it has played in ensuring that Scottish Enterprise has carried out effective consultation with Careers Scotland staff over the introduction of performance-related pay.

Mr Jim Wallace: Consultation with Careers Scotland staff over their integration into Scottish Enterprise’s performance related pay system is a matter for Scottish Enterprise, as the employer. However, ministers have at all times encouraged a positive approach to consultation and negotiation.

Disability Discrimination Act 1995

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive how it is monitoring primary healthcare providers to ensure that the Disability Discrimination Act 1995 is complied with.

Mr Andy Kerr: It is for each service provider to ensure that it is operating consistently with the requirements of the Disability Discrimination Act 1995 and the department is funding a three year project in which the Disability Rights Commission will work with NHS Scotland to ensure that local services can respond sensitively to the individual needs of people with a disability.

Family Mediation

Shiona Baird (North East Scotland) (Green): To ask the Scottish Executive what action it is taking to promote and support mediation and related services for families that are separating.

Hugh Henry: The Executive has long recognised the importance of family relationship services in helping families to resolve difficulties without recourse to the law. This will continue under our proposed reforms to family law. We provide grant assistance to four national family support organisations under the Children, Young People and Families Unified Voluntary Sector Fund and to ten local family mediation services.

Family Mediation

Shiona Baird (North East Scotland) (Green): To ask the Scottish Executive how local authorities will fund family mediation services without incurring additional financial burdens.

Hugh Henry: Many local authorities already support local family relationship services. Local voluntary sector services are expected to source their funding locally. We are considering how best to secure an integrated approach to the needs of families in transition by aligning family relationship support services more closely with other important services to children and families provided or secured by local government. The decisions on how to spend its budget is a matter for each local authority.

Family Mediation

Shiona Baird (North East Scotland) (Green): To ask the Scottish Executive what direct support it will provide to family mediation services in light of the importance which the Family Law Bill places on such services.

Hugh Henry: The Executive has long recognised the importance of family relationship services. We continue to provide financial assistance, now under the Children, Young People and Families Unified Voluntary Sector Fund, to support core and training costs of four national family organisations including Family Mediation Scotland, and ten local family mediation services. The amounts total over £1.261 million for 2005-06. In addition, funding of £250,000 was available in 2004-05 and a further £250,000 is available again this year for the four national family organisations in return for their commitment to a change programme. The organisations are working together more closely to integrate some of their administrative functions and structures, for the benefit of the end user.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive why 13% of children aged six to 14 years in Fife are being prescribed Ritalin, compared with 3% in Greater Glasgow.

Mr Andy Kerr: The data available centrally relate to the number and cost of items dispensed by community pharmacists and dispensing doctors. These data are not patient-specific and cannot be used as a proxy for the number of patients receiving any particular drug treatment.

  In 2003-04, for methylphenidate (Ritalin), there were 5,281 items dispensed by community pharmacists and dispensing doctors in Fife NHS Board and 3,085 items dispensed by community pharmacists and dispensing doctors in Greater Glasgow NHS Board. These data relate to items dispensed for all age groups.

  The answer to S2W-14351, on 4 March 2005 gives methylphenidate data for all NHS boards/All Scotland. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search

  A specialist should initiate treatment with methylphenidate. The prescription data given above do not take into account drugs dispensed by hospitals or hospital-based clinics.

  Ultimately the decision whether or not to prescribe a drug for a patient is a matter for the clinical judgement of the patient’s doctor, informed by advice and evidence about the drug.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive, further to the answer to question S2W-15107 by Mr Andy Kerr on 17 March 2005, which hospitals have a pain management team.

Mr Andy Kerr: This information is not held centrally.

Immigration

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what targets it has set in respect of the numbers of people who will come to Scotland under the Fresh Talent initiative in each year until 2020, broken down by local authority area.

Mr Tom McCabe: We have not set any regional targets for attracting people to Scotland under the Fresh Talent initiative. That does not mean that we will not be seeking to monitor its overall success. However, Fresh Talent is a long-term initiative, and evaluation will take time. In the meantime, we are carrying out some more immediate evaluations that will give us some useful data.

  For example:

  We will know how many people successfully apply to live and work in Scotland under the Fresh Talent: Working in Scotland scheme, and we are currently in discussions with the Home Office to develop a robust and workable arrangement for monitoring and evaluating the scheme. The Fresh Talent: Working in Scotland Scheme goes live in summer 2005.

  We will also know the number of people interested in living and working in Scotland via the number of enquiries to the Relocation Advisory Service and the numbers visiting the website. An evaluation of the Relocation Advisory Service, which is getting underway, will also provide us with some useful information.

NHS Hospitals

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive how many patients from each NHS board have been treated at the Golden Jubilee National Hospital in each of the last two years.

Mr Andy Kerr: The information requested is provided in the table.

  Number of Patients Seen and Treated* at the Golden Jubilee National Hospital, by NHS Board of Residence in 2003-04 and 2004-05P

  

NHS Board
2003-04
2004-05P


Argyll and Clyde
1,022
1,553


Ayrshire and Arran
2,576
1,045


Borders
33
63


Dumfries and Galloway
400
409


Fife 
60
43


Forth Valley
1,410
2,982


Highland
-
1


Grampian
75
60


Greater Glasgow
4,318
7,347


Lanarkshire
1,006
1,260


Lothian
458
324


Shetland
5
-


Tayside
63
58


Western Isles
-
2


Total
11,426
15,147



  Source: Golden Jubilee National Hospital .

  PProvisional.

  Note: *Relates to individual patients seen, and not to the number of procedures undertaken. The Golden Jubilee Hospital’s target for 2004-05 was to undertake 18,300 procedures. Early indications from the hospital are that they undertook around 18,500 procedures during 2004-05.

NHS Hospitals

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what the current position is in respect of the plans for the new Royal Edinburgh Hospital.

Mr Andy Kerr: NHS Lothian is in the process of updating the outline business case (OBC) following the recent public consultation regarding the board’s mental health and well being strategy.

  It is expected that the OBC will be submitted to the Scottish Executive Health Department in summer 2005.

NHS Hospitals

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what the current position is in respect of any income from the sale of Gogarburn Hospital and other premises being used to build the new Royal Edinburgh Hospital.

Mr Andy Kerr: The business case for the new Royal Edinburgh Hospital will explore procurement based on value for money. Both PPP procurement and public sector capital funding will be explored.

  NHS Lothian advise that the potential capital requirement is included within NHS Lothian’s capital plans and the income from the sale of Gogarburn has been utilised over the last three years to improve clinical services in Lothian.

National Health Service

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive how it will ensure that all primary healthcare providers implement the checklist in Appendix A of Bridging the Gap: Improving access to primary healthcare services for disabled people , the research report of the Scottish Consumer Council.

Mr Andy Kerr: It is for each service provider to satisfy itself that its arrangements for service delivery are consistent with the provisions of the Disability Discrimination Act 1995, and to use the tools, including the checklist in the Scottish Consumer Council report Bridging the Gap: Improving access to primary healthcare services for disabled people , which it considers most appropriate. We are drawing the report to the attention of NHS boards and primary care contractors who are responsible for the issues covered, and reminding them of their responsibility for ensuring that the services they provide comply with the letter and spirit of the Disability Discrimination Act.

National Health Service

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what discussions it has had with the Scottish Consumer Council regarding its report, Bridging the Gap: Improving access to primary healthcare services for disabled people .

Mr Andy Kerr: Bridging the Gap: Improving access to primary healthcare services for disabled people -  was commissioned and published by the Scottish Consumer Council (SCC) on 16 March 2005. Consequently, there have been no discussions as yet with SCC about this report or its recommendations. We would intend to progress the report’s conclusions and recommendations in the context of an on-going three year project with the Disability Rights Commission, who are working with NHS Scotland to ensure services respond sensitively to the needs of disabled people.

National Health Service

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive how many primary healthcare providers have incorporated the checklist in Appendix A of Bridging the Gap: Improving access to primary healthcare services for disabled people , broken down by provider and NHS board area.

Mr Andy Kerr: I understand that the report Bridging the Gap: Improving access to primary healthcare services for disabled people was published by the Scottish Consumer Council on 16 March 2005. It will be for each service provider to consider whether to use the check list therein when considering what steps may be appropriate and reasonable in improving access by disabled people to services provided.

National Health Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive how much it has spent on its Healthy Living campaign and how much it plans to spend in each of the next five years.

Mr Andy Kerr: For the two and a half year period October 2002 to end March 2005 the total amount spent on the healthy living campaign was £6 million. This includes the costs of the media and communications campaign, the helpline, bulk distribution of healthyliving packs, and the website. The figures for 2004-05 have yet to be reconciled.

  The campaign budget is negotiated annually. Figures for 2005-06 have not yet been agreed.

National Health Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive how it measures the success of its Healthy Living campaign.

Mr Andy Kerr: A comprehensive monitoring and evaluation programme has been in place since the launch of the healthy living campaign. We are tracking awareness and understanding of the TV adverts. We are monitoring the number and type of calls to the advice line and level of traffic to the healthy living website, as well as demand for these services in different socio-economic groups.

  The Health Education Population Survey 1996-2003, (2004) provided evidence of increasing public knowledge of healthy choices. For example:

  

Attitudes to health and reducing risk of disease
1996
(%)
2003
(%)
Change
(%)


Believe can do something to make their own life healthier
76
79
3


Consider the following factors very important in reducing risk from coronary heart disease
 


Quitting/cutting down on smoking
78
80
2


Taking regular exercise
66
77
11


Eating a healthy balance of foods
58
65
7


Controlling weight
54
61
7



  

Physical Activity
1996
(%)
2003
(%)
Change
(%)


Knowledge of recommended levels of moderate activity
30
32
2


Would like to or have tried to increase activity levels
55
62
7


Achieving recommended levels of physical activity
36
43
7



  

Diet
1996
(%)
2003
(%)
Change
(%)


Knowledge of recommended fruit and vegetable consumption (i.e. 5 a day)
19
59
40


Would like to or have tried to eat more healthily
53
61
8


Eating at lease 5 portions of fruit and vegetable per day
18
29
11


Average number of portions of fruit and vegetables consumed per day
2.8
3.4
0.6



  The full survey can be viewed at http://www.hebs.com/researchcentre/pdf/HEPSFinalReport211.pdf.

  Success in the longer term will be measured using data from on-going surveys such as the Scottish Health Survey.

National Health Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive how many requests for healthy eating information packs it has received.

Mr Andy Kerr: Seven thousand one hundred and eighty seven healthy eating packs were sent out between Jan 2004 and mid March 2005.

  Three different packs are available (weight management, physical activity, healthy eating). The total number of packs sent out was 23,009 for the same period.

  Finally the number of requests fulfilled through these channels does not reflect the number of packs in circulation as many are distributed through bulk distributions to health promotion departments.

Nursing

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how many nursing vacancies there are in the NHS.

Mr Andy Kerr: Details on nursing vacancies can be accessed on the attached ISD website link in tables E7 to E10.  http://www.isdscotland.org/isd/info3.jsp?pContentID=1350&p_applic=CCC&p_service=Content.show& .

Nursing

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will ensure that nursing training is fully funded by NHS boards.

Mr Andy Kerr: The Executives Health Department’s White Paper Partnership for Care  sets out our commitment to the training and development of qualified staff to Continued Professional Development (CPD) and the entitlement for training for all other health service staff in Scotland.

  Each NHSScotland board holds within their annual funding allocation a budget for nursing and midwifery post-registration education, and therefore they will be working in partnership with their nursing staff to ensure that they are supported and encouraged to develop and maintain their skills.

  NHS boards, as employers, will wish to ensure that all health care professionals, not just nurses, maintain their CPD to ensure that they continue to be registered with the relevant registration body as fit to practise. It is a requirement of continuing professional registration that qualified staff have CPD.

  All NHS boards will now be reviewing their arrangements for CPD and other staff development as part of their implementation of the pay modernisation scheme we know as Agenda for Change. This scheme through the Knowledge and Skills Framework encourages health service employers to provide development opportunities and career progression for their employees.

  Also, all NHS boards are required within the legislation for Staff Governance to ensure that all staff are appropriately trained. As part of this requirement they are obliged to ensure that all staff have a personal development plan. These development plans will inform a training needs analysis which in turn will assist the development of a local learning plan. This allows boards to ensure that they plan training and development in a considered and responsible way whilst meeting the learning needs of staff. It must be remembered that training and development can be provided in a variety of different ways not just the traditional method of training courses but in mentoring, coaching, reflective learning and peer review.

  The ever changing world of health care requires new and different skills to deliver health care in different ways. The investment in pay modernisation provides a mechanism to allow staff to augment their traditional roles in order to deliver the care packages required. The investment is not just about an investment in monetary terms but also in a Knowledge and Skills Framework which is a competency based framework for the continued development of staff.

  All NHS boards are required to undertake regular staff surveys as part of the Staff Governance legislation. This includes questions on training provision so that all NHS boards can gather a staff perspective if their training and development needs are being met.

  The Area Partnership Forums with local trade union representatives are at the centre of developing action plans in local boards to address local concerns on training provision.

  In addition to this Facing the Future, the Department’s Nursing and Midwifery Recruitment and Retention Initiative has released £1.75 million for additional CPD in 2002-03, and again a similar amount in 2003-04, and in 2004-05 £1 million was given to boards for CPD for nursing staff.

Nursing

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will ensure that all nurses are entitled to protected study leave to access courses such as the nurse prescribing course.

Mr Andy Kerr: I refer you to my reply to question S2W-15461 on 18 April 2005, and the Executives Health Department’s White Paper Partnership for Care  sets out our commitment to the training and development of qualified staff to Continued Professional Development (CPD) and the entitlement for training for all other health service staff in Scotland.

  Each NHSScotland boards holds within their annual funding allocation a budget for nursing and midwifery post-registration education, and therefore they will be working in partnership with their nursing staff to ensure that they are supported and encouraged to develop and maintain their skills.

  Once NHS boards, as employers of NHSScotland staff, have determined that nurse prescribing is a requirement of the nurse’s role and that patient care would benefit from this extension to the nurse’s role, the nurse in question would make an application to undertake an academic course which appropriately meets their needs. This application would be made in partnership with the health service manager as part of service planning and development and who will be required to authorise any study leave. The Executive pay the course fees and make a contribution to the replacement costs involved while the nurse is on study leave.

  NHS boards, will wish to ensure that all health care professionals, not just nurses, maintain their CPD to ensure that they continue to be registered with the relevant registration body as fit to practise. It is a requirement of continuing professional registration that qualified staff have CPD.

  All NHS boards will now be reviewing their arrangements for CPD and other staff development as part of their implementation of the pay modernisation scheme we know as Agenda for Change. This scheme through the Knowledge and Skills Framework encourages health service employers to provide development opportunities and career progression for their employees.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Physical Activity

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what progress has been made to achieve the target of (a) 50% of all adults aged over 16 and (b) 80% of all children aged 16 and under meeting the minimum recommended levels of physical activity.

Mr Andy Kerr: We have three national surveillance tools for measuring activity levels in Scotland: the Scottish Health Survey, Health Education Population Survey and Health Behaviour in School-aged Children.

  Scottish Health Survey is used to monitor overall levels of physical activity in Scotland and this was the data source used for the Physical Activity Strategy. The last published data was collected in 1998. This showed that two thirds of adults (aged 16 to 74) and half of all children (aged two-<16) in Scotland do less than the minimum needed for health. The survey was repeated in 2002-03 and this new data will be published in late 2005. The results will indicate whether levels of physical activity have changed since 1998.

  Health Education Population Survey is undertaken by NHS Health Scotland. This survey monitors changes in what adults (aged 16+) know about health, how they feel about it and what they do or intend to do about it. The last published data (Oct 2004) show that there has been an increase in the proportion of adults who are aware of how much activity they need for health as well as a small reduction in sedentary behaviour.

  Health Behaviour in School-aged Children (HBSC) is a World Health Organisation 36 country survey which allows us to compare Scottish children aged 11, 13 and 15 with children of the same age in other countries. It was carried out in 1990, 1994, 1998 and in 2002. Questions about physical activity have been included in all surveys. However, 2002 was the first time that the current guideline for children (one hour a day) was measured. The HBSC trends over the past decade show increases in physical activity levels in all age groups and persistently lower rates of physical activity among girls compared to boys. The survey also shows that activity levels of children in Scotland are slightly above the overall average for the study as a whole.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what action the Lord Advocate has taken following the allegations of criminal behaviour made in the BBC documentary on HM Prison Kilmarnock broadcast on 9 March 2005.

Colin Boyd QC: The content of the BBC documentary broadcast on 9 March 2005 has been fully considered by the Procurator Fiscal at Kilmarnock in consultation with local officers of Strathclyde Police. Where allegations of criminal conduct are made they are considered by the Procurator Fiscal and where appropriate Crown Counsel including the Law Officers acting independently in the public interest.

  Allegations were made in the course of the documentary which could, in certain circumstances, amount to criminal conduct. Following examination of the broadcast, the nature and the degree of specification of such allegations were not sufficient to justify any further enquiry.

  Complaints of criminal conduct within HM Prison Kilmarnock, or any other prison in Scotland, that are brought to the attention of the prosecution authorities will continue to be investigated thoroughly and, where there is sufficient evidence and it is in the public interest to do so, be the subject of proceedings.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether the Lord Advocate has any plans to begin criminal proceedings against Premier Prison Services for negligence in respect of the death of James Barclay in HM Prison Kilmarnock in January 2002, in light of the fatal accident inquiry report by Sheriff Colin McKay on the death.

Colin Boyd QC: I have considered the findings of the Fatal Accident Inquiry into the death of James Barclay in HM Prison Kilmarnock on 11 January 2002. There is no basis for criminal proceedings against Premier Prison Services Limited.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether, in light of the findings by the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock in January 2002, there will be a police investigation to determine whether criminal charges should now be brought against (a) either of the prison officers identified as having failed in their duty or (b) Premier Prison Services for any failures found to be a factor contributing to the death of Mr Barclay.

Colin Boyd QC: I refer to the answers to questions S2W-15551 and S2W-15607, both answered on 18 April 2005. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:  http://www.scottish.parliament.uk/webapp/wa.search .

  There are no plans to instruct any further investigation into the findings of the Fatal Accident Inquiry held in relation to the death of James Barclay.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether, in light of the findings by the fatal accident inquiry into the death of James Barclay in HM Kilmarnock in January 2002, it is the opinion of the Lord Advocate that a criminal offence has taken place and, if so, what action he is taking to bring the perpetrators to justice.

Colin Boyd QC: I refer to the answers to questions S2W-15579, S2W-15551 and S2W-15607, all answered on 18 April 2005. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:  http://www.scottish.parliament.uk/webapp/wa.search .

  There is no evidence which would justify criminal proceedings against any person in relation to the findings of the Fatal Accident Inquiry into the death of James Barclay.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether the Lord Advocate will pursue criminal action against those who allegedly falsified the information relating to suicide watches in HM Prison Kilmarnock, as reported in the BBC documentary broadcast on 9 March 2005 and in the findings of the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock in January 2002 when it was stated in evidence that such watch logs were falsified regularly.

Colin Boyd QC: I refer the member to the answer to question S2W-15477, answered on 18 April 2005. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

  I have considered the findings of the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock on 11 January 2002. Two prison officers gave evidence at the inquiry in relation to falsifying watch logs. Prior to them giving evidence, the Procurator Fiscal granted both officers immunity from any future criminal prosecution arising from the circumstances leading up to the death of James Barclay. He did this as he could not conceive of a situation whereby they would face criminal charges arising from the circumstances surrounding the death of James Barclay, but wanted to ensure that the inquiry received the fullest account possible of relevant events. Although it would not be open to the Crown to bring criminal charges in light of that grant of immunity, the Procurator Fiscal was correct in concluding that there was no basis for criminal proceedings against them.

  In addition there is no basis for criminal proceedings against those prison officers alleged, in terms of a BBC documentary, to have falsified information relating to suicide watches in HM Prison Kilmarnock.

Road Accidents

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many (a) fatal, (b) serious and (c) slight casualties among cyclists took place on (i) urban and (ii) rural roads in each year since 1997.

Nicol Stephen: Police Forces’ "Stats 19" statistical returns provide the Scottish Executive with statistical information about road accidents, in which one or more people have been injured, which have been reported to the police.

  The numbers of pedal cyclist casualties in such road accidents, for each year from 1993 to 2003 inclusive, broken down by severity of injury and type of road (built-up and non-built-up), are given in Table 23 of Road Accidents Scotland 2003, published by the Scottish Executive in 2004, copies of which are available in the Parliament’s Reference Centre (Bib. number 34523).

Road Accidents

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what proportion of (a) fatal, (b) serious and (c) slight casualties among riders of motorcycles in (i) urban and (ii) rural areas occurred (1) at signal-controlled junctions, (2) at other junctions and (3) while overtaking in the last period for which figures are available.

Nicol Stephen: The information requested is given in the following tables . They were produced from data about injury road accidents which were reported to the police and then provided to the Scottish Executive using the "Stats 19" statistical returns. It should be noted that any motorcycle riders who were injured while overtaking at junctions are counted under the appropriate type of junction in the first table, and under "overtaking" in the second table.

  Motorcycle Riders who were Casualties in Road Accidents in 2003

  

Percent of Total (Rounded)


 
Severity of Rider’s Injury


Fatal
Serious
Slight


Built-up
Non Built-up
Built-up
Non Built-up
Built-up
Non Built-up


Signal controlled junction
0
0
9
0
10
2


Other junction
64
30
54
33
63
31


Not at junction
36
70
38
67
27
67


Total
100
100
100
100
100
100



  Motorcycle Riders who were Casualties in Road Accidents in 2003

  

Percent of Total (Rounded)


 
Severity of Rider’s Injury


Fatal
Serious
Slight


Built-up
Non Built-up
Built-up
Non Built-up
Built-up
Non Built-up


Overtaking
18
22
9
11
10
13


Not overtaking
82
78
91
89
90
87


Total
100
100
100
100
100
100

Road Accidents

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many pedestrian casualties occurring on a footway resulted from a collision with a (a) motor vehicle and (b) pedal cycle in each year since 1997.

Nicol Stephen: The information which is available is given in the following table . This was produced from data about injury road accidents which were reported to the police and then provided to the Scottish Executive using the "Stats 19" statistical returns. The pedestrian casualties counted are those for whom "Pedestrian location" was coded as "on footway or verge". The "Stats 19" returns do not distinguish between pedestrian casualties who were on a footway and those who were on a verge at the time of the accident.

  Pedestrian Casualties Whose Location Was "on footway or verge", in Road Accidents which were Reported to the Police

  

 
The type of the (first) vehicle which struck the pedestrian


Motor vehicle
Pedal cycle
Other or not known
All vehicles


1997
211
5
3
219


1998
205
4
0
209


1999
234
6
0
240


2000
206
3
1
210


2001
245
1
2
248


2002
227
1
0
228


2003
242
4
0
246

Roads

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive when the construction of an A77 bypass at Maybole will be included in a trunk roads investment programme, in light of the Minister for Transport’s public support for this project.

Nicol Stephen: We have commissioned a study of the transport issues in and around Maybole and expect to see the report later this year. Decisions on future investment, including any possible bypass, will be made in the light of that report.

Roads

Mr Bruce McFee (West of Scotland) (SNP): To ask the Scottish Executive what action will be taken to resolve tailbacks on the A737 eastbound resulting from any failure to properly regulate traffic at St James Interchange.

Nicol Stephen: The Scottish Executive has been working with Renfrewshire Council, the road authority responsible for the A726 which includes the St James Roundabout, to bring forward a package of improvements as part of the major East Candren development. improvements to St James Roundabout are currently being implemented which include reactivating the M8 westbound and A726 Greenock Road traffic signals at the junction. In addition there will be a new set of signals controlling the eastbound off-slip from the M8.

  The operation of the signals at the roundabout will be optimised to ensure that the best traffic flows available can be achieved. Following completion of the works, the new traffic signal system will continue to be monitored in consultation with Renfrewshire Council.

Roads

Mr Bruce McFee (West of Scotland) (SNP): To ask the Scottish Executive what action will be taken to resolve tailbacks on the M8 eastbound at peak times resulting from any failure to deal with traffic volumes at the Hillington roundabout.

Nicol Stephen: The Scottish Executive has instructed the trunk road operating company, Amey Infrastructure Services, to implement as a matter of urgency a previously identified traffic management scheme which will improve circulation in the north west quadrant of the roundabout. This will assist in relieving queuing on the eastbound exit slip.

Roads

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in light of Lord Sutherland’s Opinion in Alexander Smith and Others v . P.F. Dingwall on 16 December 1999 that certain matters "cannot affect the validity of the assignation statement as at the time when it was made", when the assignation was made and by whom it was signed.

Nicol Stephen: The Assignation Statement was made by the then Secretary of State for Scotland. It was made available for public inspection, and notices to this effect were published on 23 October and 1 November 1991, as required under Paragraph 14A(3) of Schedule 1 to the Roads (Scotland) Act 1984. The Statement is unsigned.

Roads

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive whether the statutory assignation statement for the A87 tolling regime is an order or a scheme.

Nicol Stephen: Neither. It is a statement with respect to the assignation by the then Secretary of State for Scotland of his rights to charge and collect tolls under the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order.

Roads

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive whether the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order 1992 (SI 1992/1501) prescribed toll charges according to statutory requirements.

Nicol Stephen: We believe so, although, as part of the removal of tolls on the Skye Bridge, this order is now being repealed.

Roads

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive whether the A87 Skye crossing extension was a trunk road in October 1995.

Nicol Stephen: Yes.

Roads

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive why the A87 Skye crossing toll order was not issued by Highland Regional Council.

Nicol Stephen: The Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order 1992 was made by the then Secretary of State for Scotland, as the statutory roads authority for the A87 trunk road. The Highland Regional Council did not have the power to make such an order.

Teachers

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive what action it is taking to ensure that the pension provisions for existing teachers are protected.

Mr Tom McCabe: I refer to the answer to question S2W-15389 on 13 April 2005. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Transport

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive what the status is of projects at Largs, Cumbrae, Wemyss Bay, Lismore, Brodick and Kennacraig on which the Minister of Transport announced on 8 December 2004 that he proposed spending "around £15.8 million".

Nicol Stephen: Subject to the necessary planning permissions and other consents being secured, work on these projects is scheduled for completion by March 2007. Work on site has yet to start in each case.